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RULE §104.7Preliminary Evaluation of License Eligibility

(a) Request for criminal history evaluation letter.

  (1) A person may request the Agency issue a criminal history evaluation letter regarding the person's eligibility for a license issued by the Agency if the person:

    (A) is enrolled or planning to enroll in an educational program that prepares a person for an initial license or is planning to take an examination for an initial license; and

    (B) has reason to believe that the person is ineligible for the license due to a conviction or deferred adjudication for a felony or misdemeanor offense.

  (2) The request must state the basis for the person's potential ineligibility, provide the information set out in subsection (b) of this section, include all pertinent court documentation including certified copies of all court indictments and/or judgments, and orders, and an explanation of the circumstances and events of the criminal action that led to the conviction or sentence.

  (3) The fee for a preliminary evaluation of license eligibility shall be $100.

  (4) To be considered complete, the request must include the appropriate fee and state the circumstances establishing the requestor's eligibility under paragraph (1) of this subsection.

  (5) The Agency may require additional documentation including fingerprint cards before issuing a criminal history evaluation letter.

  (6) If a requestor does not provide all required and requested documentation within one year of submitting the original request, the requestor must submit a new request along with the appropriate fee.

(b) Factors considered. After determining a conviction directly relates to a license issued by the Agency, the Agency considers the following evidence in determining whether the person is eligible for a license issued by the Agency. Accordingly, the requestor should provide information on the following:

  (1) The extent and nature of the person's past criminal activity.

  (2) The age of the requestor at the time of the commission of the crime.

  (3) The amount of time that has elapsed since the requestor's last criminal activity.

  (4) The conduct and work activity of the requestor prior to and following the criminal activity.

  (5) Evidence of the requestor's rehabilitation or rehabilitative effort while incarcerated or following release.

  (6) Evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision.

  (7) Other evidence of the requestor's present fitness, including letters of recommendation, may also be provided and considered, including letters from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the requestor; the sheriff and chief of police in the community where the requestor resides; and any other persons in contact with the requestor.

  (8) It shall be the responsibility of the requestor to the extent possible to secure and provide to the Agency the letters of recommendation described by paragraph (7) of this subsection.

(c) Investigation of request. The Agency has the same authority to investigate a request submitted under this section as it has to investigate a person applying for a license.

(d) Determination of eligibility; letter.

  (1) If the Agency determines that a ground for ineligibility does not exist, the Agency shall notify the requestor in writing of the Agency's determination on each ground of potential ineligibility.

  (2) If the Agency determines that the requestor is ineligible for a license, the Agency shall issue a letter which complies with the requirements of Texas Occupations Code, §53.026(b) and §53.104(b), setting out each basis for potential ineligibility and the Agency's determination as to eligibility.

  (3) In the absence of new evidence known to but not disclosed by the requestor or not reasonably available to the Agency at the time the letter is issued, the Agency's ruling on the request determines the requestor's eligibility with respect to the grounds for potential ineligibility set out in the letter.

  (4) The notice under paragraph (1) of this subsection or the letter under paragraph (2) of this subsection shall be issued by the Agency within 90 days of the requestor satisfying all of the Agency's requests for information to complete the criminal history evaluation letter request.

Source Note: The provisions of this §104.7 adopted to be effective March 28, 2010, 35 TexReg 2548; amended to be effective November 12, 2019, 44 TexReg 6857

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